Claim

Clause

Summary

Increase Allowance Rates

Annex C

Relevant allowances in Annex C of the relevant enterprise agreement are proposed to be increased.  The details of the allowance increases are as follows:

Increase the cemetery composite allowance

Annex C

The cemetery composite allowance currently provides that any additional exhumations attended per year are paid at a flat rate of $300 per exhumation. The Government has offered to increase this amount to a flat rate of $1000 per additional instance of exhumation.

A new allowance called the Corporate Citizen Allowance

New allowance

A new allowance has been proposed for employees who hold a designated role as a trained First Aid Officer, Fire Warden or a Health and Safety Representative within the ACTPS. This allowance will be called the Corporate Citizen Allowance.

Where an employee holds one or more of these 3 roles, they will receive a daily rate allowance, which will be increased during the life of the enterprise agreement according to the allowance rates increases noted above.

Extend Health and Wellbeing Allowance to all staff

New allowance

Through various enterprise agreements, certain employees who undertake health and promotion activities in their own time are eligible to claim reimbursement of up to $100 per year and in accordance with the relevant policy. The Government proposes to expand this entitlement to all employees who do not currently have access to this arrangement through their enterprise agreement.

Claim

Clause

Summary

Removal of the ASO6 Overtime Payment Cap/Barrier for Senior Officers

C9.6

Senior Officer Grade A/B/C employees (or equivalent) who are currently directed to work overtime have their hourly overtime rates capped at the highest increment of an Administrative Services Officer Class 6 rate (or equivalent). The Government has proposed that Senior Officer Grade A/B/C employees (or equivalent) will be paid overtime rates at their nominal classification and increment level for the period of overtime worked.

Claim

Clause

Summary

General misconduct provisions

H6

The entire section on misconduct will be subject to significant re-drafting and changes, to improve clarity and ensure processes are conducted in a transparent and equitable manner. Further enhancements are also being negotiated for inclusion in policy where appropriate.

Claim

Clause

Summary

Providing access to flextime arrangements to Senior Officer B and A (and equivalent) classifications

B7.2.2

The Government has offered employees working at the Senior Officer B and A levels (and equivalent classifications) access to flextime arrangements. If approved, this would replace the current entitlements for Recovery Leave for these particular employees. This arrangement is intended to ensure that hours of work are appropriately managed. As part of this process there are certain classifications above the Senior Officer Grade A level that may become eligible for recovery leave.

Fair Work Commission can hear flexible working arrangement disputes

E2

It is proposed to clarify that any disputes about flexible working arrangements in accordance with the enterprise agreement and the Fair Work Act 2009 can be raised to the Fair Work Commission, as required.

Encouraging and facilitating hybrid work

New Clause

As a reflection of how the ACTPS has been working since COVID, new provisions have been proposed to encourage hybrid working as a form of improving work-life balance and maintaining flexibility for our employees. Hybrid work is a flexible working arrangement offering employees the option to work in various locations and environments. These arrangements will differ across the Service and among individual employees and will depend on the operational requirements of the Directorate or business unit.

Granting automatic access to flextime for part-time workers

B7.2.5

Under the Governments proposal, part-time employees will be eligible to automatically access flextime, without going through the process of making an explicit request and receiving a written agreement.

Entitlement to cash out of flextime credits

B7

Currently there is no entitlement to pay out flextime credits on an employee ceasing their employment. The Government has proposed that any excess flextime credits at cessation may be paid out to employees. This amount will be capped up to a maximum of the employee’s ordinary weekly hours.

Flextime credits of up to an employee’s ordinary weekly hours can also be paid out during the course of their employment, but only in exceptional circumstances and with approval of the Head of Service in person.

Claim

Clause

Summary

Ability to use long service leave for absences of 1 day or more

F26

The Government has proposed to remove the minimum leave period of 7 calendar days for long service leave. Long service leave can be taken in minimum periods of 1 day, allowing greater flexibility for employees balancing their work and life commitments.

Expanding family and domestic violence provisions

F23

Family and domestic violence provisions have now been expanded to include sexual violence.

All employees, including casual employees, will be entitled to 20 days of paid family, domestic and sexual violence leave per year.

Family, domestic and sexual violence leave will be paid at the employee's full rate of pay, worked out as if the employee had not taken leave. This includes the payment of penalties that would have been paid had the employee not taken the leave.

Increase to bonding leave

F18

Bonding leave will increase from 3 weeks (2 weeks bonding leave plus 1 week of personal leave) to 6 weeks (5 weeks bonding leave plus 1 week personal leave). This will allow the employee who is not the primary care giver of the child additional paid time off work to bond with their baby and to support the primary care giver of the child in the early months of the child’s life.

Employees will also be eligible to access bonding leave at half pay

Expanding provisions for primary care giver leave, birth leave and adoption and permanent care leave

F14, F16.17, F16.18, F20

Currently, both ACTPS parents in relation to an eligible birth under the agreement are entitled to a maximum combined amount of 18 weeks paid leave. The Government has proposed that both ACTPS parents of the relevant birth or adoption can access the full paid leave entitlement of either birth leave or primary care givers leave non-concurrently where they meet the eligibility requirements.

Providing leave for assisted reproductive purposes

New clause

Employees will be able to access 5 days of assisted reproductive leave per year. This will allow employees going through IVF or other assisted reproductive processes time to attend appointments and procedures without having to access their other leave entitlements.

Expand circumstances under which personal leave can be taken

F4

The circumstances for which personal leave can be taken have been expanded to include appointments with health care practitioners. This includes but is not limited to dental, physiotherapy, osteopathy and midwifery appointments.

Granting of additional personal leave credits to be provided in extenuating circumstances

F4

In extenuating circumstances and with the provision of documentary evidence, an employee may be granted additional personal leave. This is a separate process to anticipating personal leave and these credits would not need to be paid or accrued back. It is a grant of additional leave to an employee due to extenuating circumstances.

Currently eligible ACTPS employees are entitled to 18 weeks of paid leave in relation to an eligible birth. The Government has proposed increasing this entitlement to 24 weeks.

This will be effective 1 January 2023 meaning employees on paid birth leave on or after this date will be entitled to this increase. Those that are on unpaid birth leave or other forms of leave following paid birth leave are not eligible i.e. those who have exhausted their 18 weeks of paid birth leave by 31 December 2022 are not eligible for the increase.

This leave type will be expanded to be Personal Leave in Special, Extraordinary and Unforeseen Circumstances and employees will be able to access 10 days of leave, an increase from 4 days.

Some reasons for utilising this leave type currently may include, but are not limited to, unforeseen circumstances such as home emergencies or a car breaking down. Special circumstances have been introduced for this leave type which may include, but are not limited to, purposes of symptoms relating to menstruation or menopause and attending funerals.

This leave type, if granted, is deducted from the employee’s personal leave balance, however, does not normally require documentary evidence.

Personal Leave will move from an annual accrual to daily accrual. This will allow employees to access their leave balance as it accrues, rather than waiting 12 months for the leave to be credited. Current employees will transition from annual accrual to daily accrual on their accrual date in the transition year set out in the EA. Employees will be provided with a credit of 3.6 weeks at transition which will be pro rata for part time staff.

New permanent employees will be provided with 3.6 weeks of personal leave upon commencement of their employment and will then begin daily accrual. New short term temporary employees will be provided with 1.8 weeks of personal leave upon commencement of their employment and will then begin daily accrual. This will apply on a pro rata basis for part time employees.